DEC Officer Report

Application No.: 23/01061/B Applicant: Mr Raj Chatha Proposal: Additional use of retail unit to include hot food takeaway (Use Classes 1.1 and1.4) and installation of extract flue Site Address: Shop 8 Clinches Court Douglas Isle Of Man IM1 4LH Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.01.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the unit outlined red on the approved plans shall not be used other than for Use Class 1.1 or Use Class 1.4 or a combination of the two uses only at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses will require further consideration.

• C 3. Customers shall only be served or remain in the building between 0600 hours - 2100 hours daily.

Reason: The application has been assessed on this basis in the interest of neighbouring amenity having customers present only within a specified time and working staff being allowed to be present outside of these hours.

This application has been recommended for approval for the following reason.

Subject to conditions relating to the operating hours and the Use classes being 1.1 and 1.4 only or a combination of the two uses, the proposal is considered to have acceptable visual,

amenity and flood risk impact and to comply with General Policy 2, Environment Policies 10, 13 and 35, Transport Policy 7, Business Policy 1 and Community Policies 7, 10 and 11 of the Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the following information:

• o drawing number FMD-D001
• o drawing number FMD-D002-B
• o Flood Mitigation Letter
• o 3 x Site Photographs

• - all date received 14/12/2023

• email from the applicant dated 13/09/2023 o 2 x site photographs o Location Plan o Site Plan

• - all date received 11/09/2023 _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

• Department of Infrastructure Flood Risk Management _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates to an existing retail unit along North Quay, Douglas. No. 8 Clinches Court sits at the western end nearest Clinch's Brewery RB 78.

2.0 THE PROPOSAL - 2.1 The proposed is the additional use of the retail unit to include hot food take away (Use Classes 1.1 and 1.4). The proposal also includes the installation of a rear extract to accommodate the additional use.

3.0 Planning History - 3.1 The unit has been subject to a number but most recently was approved for use as a sweet shop under PA 05/92205/C.

4.0 Planning Policy

4.1 The site is within area "7. The Quayside" recognised as being 'Mixed Use' on the Area Plan for the East (TAPE) and recognised as being within the Conservation Area and at Flood Risk. - 4.2 The TAPE Written Statement indicates at Town Centre Mixed Use proposal 7 "a presumption in favour of food and drink and other leisure-type uses on North Quay" - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies considered materially relevant:

• o General Policy 2 - general standards towards acceptable development.
• o Environment Policies 10 and 13 - flood risk assessment

• o Environment Policy 35: preserve or enhance the character or appearance of Conservation Area, and special features protected. This is also reiterated in CA/2 of PPS 1/01.
• o Business Policy 1: The growth of employment opportunities encouraged.
• o Transport Policy 7 and Appendix 7 - parking in accordance with standards. For town centre shops space for service vehicle use.
• o Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.
• o Infrastructure Policy 5 - methods to conserve the Island's water resources. OTHER MATERIAL CONSIDERATIONS

4.4 Section 18(4) of the Town and Country Planning Act (1999).

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Douglas Borough Council - no objection (06/10/2023). - 5.2 Department of Infrastructure Highway Services - No highways interest (15/12/2023) - 5.3 Department of Infrastructure Flood Risk Management - DNOC (07/12/2023) requires condition for the flood risk mitigation in letter dated 28th November to be installed.

- 6.0 ASSESSMENT

6.1 The proposal results in the additional use of an existing retail unit as a hot food take away to allow its anticipated use as a deli. The works include the installation of an extract flue to accommodate the proposed use. TAPE encourages such uses within this Quayside area 7 and given the existing retail use, surrounding restaurant, bar and other commercial uses the proposal would not be at odds to the policies or general identity and character of the area. - 6.2 Hot food take have potential for late night activity on which comments are often sought from Police Liaison officer. The application had not been provided with any operating hours and this was discussed with the applicant. Although outside of the designated areas referred to in the Town and Country Planning (Changes of Use) Order 2019 there is a general presumption that operations up until 9pm in town centres is generally accepted. The applicant confirmed by email to operating hours being 6am - 9pm, and these are unobjectionable in this case given the town centre locality and surrounding operations and not having any increased or new amenity impacts in this respect. - 6.3 The only physical works proposed are those to include the extract at the rear which will result in a very small change to the overall appearance of the building and in a position not readily visible from the key public thoroughfare running along The Quay. The installation of the fan would be unobjectionable and would not harm the wider character and appearance of the building or the Conservation Area. - 6.4 There are no parking spaces indicated to be allocated to the existing retail unit and none shown for the proposed. It is not considered that there will be any functional changes warranting any spaces beyond existing use and thus no new or adverse impacts are expected on highways beyond the existing situation to cause concern. - 6.5 The applicants have provided a flood risk assessment outlining measures to ensure they're safe guarded against flooding such as storage of food, electrical installations and compressors for fridges all above flood level and a flood barrier to the front door. The DOI FRM have confirmed no objection subject to condition in this respect however in this instance it is not considered that there would be any increase in flood risk beyond the existing retail operation as to cause a significant concern warranting a condition in this case however it would be in the applicants best interest to ensure the mitigation measures are installed in their own interest and insurance purposes.

- 7.0 CONCLUSION

7.1 The site is situated within a location where a retail and hot food take away would not be out of keeping and the proposed additional hot food takeaway use is considered to be acceptable not having any increased or adverse impacts beyond the existing retail operation in respect of amenity or flood risk impact and the proposed extract flue is considered to be acceptable not resulting in any adverse or unacceptable visual or amenity impacts. The proposal is considered comply with General Policy 2, Environment Policies 10, 13 and 35, Transport Policy 7, Business Policy 1 and Community Policies 7, 10 and 11 of the Strategic Plan

1. Therefore, it is recommended for an approval subject to conditions relating to the operating hours and the Use classes being 1.1 and 1.4 only or a combination of the two uses.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 19.01.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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